A case of gross prosecutorial misconduct

The mainstream US news media is lambasting the Europeans for failing to stop the humanitarian crisis unfolding in the Mediterranean Sea as desperate Libyans flee their war-torn country in overloaded boats that are sinking as hundreds drown. But the MSM forgets how this Libyan crisis began, including its own key role along with that of “liberal interventionists” such as Hillary Clinton and Samantha Power.

In 2011, it was all the rage in Official Washington to boast about the noble “responsibility to protect” the people of eastern Libya who supposedly were threatened with extermination by the “mad man” Muammar Gaddafi. We also were told endlessly that, back in 1988, Gaddafi’s agents had blown Pan Am 103 out of the skies over Lockerbie, Scotland.

The R2Pers, led by then-National Security Council aide Power with the backing of Secretary of State Clinton, convinced President Barack Obama that a “humanitarian intervention” was needed to prevent Gaddafi from slaughtering people whom he claimed were Islamic terrorists.

As this US-orchestrated bombing campaign was about to begin in late March 2011, Powertolda New York City audience that the failure to act would have been “extremely chilling, deadly and indeed a stain on our collective conscience.” Power was credited with steeling Obama’s spine to press ahead with the military operation.

Under a United Nations resolution, the intervention was supposed to be limited to establishing no-fly zones to prevent the slaughter of civilians. But the operation quickly morphed into a “regime change” war with the NATO-led bombing devastating Gaddafi’s soldiers who were blown to bits when caught on desert roadways.

Yet, the biggest concern in Official Washington was a quote from an Obama’s aide that the President was “leading from behind” – with European warplanes out front in the air war – when America’s war hawks said the United States should be leading from the front.

At the time, there were a few of us who raised red flags about the Libyan war “group think.” Though no one felt much sympathy for Gaddafi, he wasn’t wrong when he warned that Islamic terrorists were transforming the Benghazi region into a stronghold. Yes, his rhetoric about exterminating rats was over the top, but there was a real danger from these extremists.

And, the Pan Am 103 case, which was repeatedly cited as the indisputable proof of Gaddafi’s depravity, likely was falsely pinned on Libya. Anyone who dispassionately examined the 2001 conviction of Libyan agent Ali al-Megrahi by a special Scottish court would realize that the case was based on highly dubious evidence and bought-and-paid-for testimony.

Megrahi was put away more as a political compromise (with a Libyan co-defendant acquitted) than because his guilt was proven beyond a reasonable doubt. Indeed, by 2009, the conviction was falling apart. Even a Scottish appeals court expressed concern about a grave miscarriage of justice. [RB: I suspect this refers to the findings of the Scottish Criminal Cases Review Commission and not to an appeal court.] But Megrahi’s appeal was short-circuited by his release to Libya on compassionate grounds because he was suffering from terminal prostate cancer.

Yet the US mainstream media routinely called him “the Lockerbie bomber” and noted that the Libyan government had taken “responsibility” for the bombing, which was true but only because it was the only way to get punitive sanctions lifted. The government, like Megrahi, continued to proclaim innocence.

During those heady days of bombing Libya in 2011, it also was common for the MSM to smirk at the notion that Megrahi was truly suffering from advanced prostate cancer since he hadn’t died as quickly as some doctors thought he might. Then, after Gaddafi’s regime fell in September 2011, Megrahi’s family invitedthe BBCand other news organizations to see Megrahi struggling to breathe in his sick bed.

His son, Khaled al-Megrahi, said, “I know my father is innocent and one day his innocence will come out.” Asked about the people who died in the Pan Am bombing, the son said: “We feel sorry about all the people who died. We want to know who did this bad thing. We want to know the truth as well.”

But it was only after Megrahi died on May 20, 2012, that some elements of the MSM acknowledged grudgingly that they were aware of the many doubts about his conviction all along. The New York Times’obituarycarried a detailed account of the evidentiary gaps that were ignored both during the trial in 2001 and during the bombing of Libya in 2011.

The Times noted that “even some world leaders” saw Megrahi “as a victim of injustice whose trial, 12 years after the bombing, had been riddled with political overtones, memory gaps and flawed evidence. … Investigators, while they had no direct proof, believed that the suitcase with the bomb had been fitted with routing tags for baggage handlers, put on a plane at Malta and flown to Frankfurt, where it was loaded onto a Boeing 727 feeder flight that connected to Flight 103 at London, then transferred to the doomed jetliner.”

Besides the lack of proof supporting that hypothesis was the sheer implausibility that a terrorist would assume that an unattended suitcase could make such an unlikely trip without being detected, especially when it would have been much easier to sneak the suitcase with the bomb onto Pan Am 103 through the lax security at Heathrow Airport outside London.

The Times’ obit also noted that during the 85-day trial, “None of the witnesses connected the suspects directly to the bomb. But one, Tony Gauci, the Maltese shopkeeper who sold the clothing that forensic experts had linked to the bomb, identified Mr Megrahi as the buyer, although Mr Gauci seemed doubtful and had picked others in photo displays. …

“The bomb’s timer was traced to a Zurich manufacturer, Mebo, whose owner, Edwin Bollier, testified that such devices had been sold to Libya. A fragment from the crash site was identified by a Mebo employee, Ulrich Lumpert. Neither defendant testified. But a turncoat Libyan agent testified that plastic explosives had been stored in [Megrahi’s co-defendant’s] desk in Malta, that Mr Megrahi had brought a brown suitcase, and that both men were at the Malta airport on the day the bomb was sent on its way.”

In finding Megrahi guilty, the Scottish court admitted that the case was “circumstantial, the evidence incomplete and some witnesses unreliable,” but concluded that “there is nothing in the evidence which leaves us with any reasonable doubt as to the guilt” of Megrahi.

However, the evidence later came under increasing doubt. The Times wrote: “It emerged that Mr Gauci had repeatedly failed to identify Mr Megrahi before the trial and had selected him only after seeing his photograph in a magazine and being shown the same photo in court. The date of the clothing sale was also in doubt.” Scottish authorities learned, too, that the US Justice Department paid Gauci $2 million for his testimony.

As for the bomb’s timer, The Times noted that the court called Bollier “untruthful and unreliable” and “In 2007, Mr Lumpert admitted that he had lied at the trial, stolen a timer and given it to a Lockerbie investigator. Moreover, the fragment he identified was never tested for residue of explosives, although it was the only evidence of possible Libyan involvement.

“The court’s inference that the bomb had been transferred from the Frankfurt feeder flight was also cast into doubt when a Heathrow security guard revealed that Pan Am’s baggage area had been broken into 17 hours before the bombing, a circumstance never explored. Hans Köchler, a United Nations observer, called the trial ‘a spectacular miscarriage of justice,’ words echoed by [South African President Nelson] Mandela.”

In other words, Megrahi’s conviction looked to have been a case of gross prosecutorial misconduct, relying on testimony from perjurers and failing to pursue promising leads (like the possibility that the bomb was introduced at Heathrow, not transferred from plane to plane to plane). And those problems were known prior to Megrahi’s return to Libya in 2009 and prior to the US-supported air war against Gaddafi in 2011.

Yet, Andrea Mitchell at MSNBC and pretty much everyone else in the MSM repeated endlessly that Megrahi was “the Lockerbie bomber” and that Libya was responsible for the atrocity, thus further justifying the “humanitarian intervention” that slaughtered Gaddafi’s soldiers and enabled rebel militias to capture Tripoli in summer 2011.

3 comments:

Excellent article. The reliance on blaming Gadaffi for Lockerbie as part of the justification for plunging Libya into anarchy is something that has disturbed me for years. Of course they would have done it anyway, but it leaves a very sour taste in the mouth.

The author refers to the possibility that the bomb was introduced at Heathrow, referencing the poor security and the break-in, which is all very well. I just don't know what it takes to get through to prominent commentators that not only was a highly suspicious suitcase seen in the container at Heathrow, but that it has now been proved to have been the bomb, beyond any reasonable doubt.

To add to Jim Swire's unease at the trial and appeals about the way that the luggage loader Bedford was mistreated by the court, he would in time learn that on the day of the Lockerbie attack, 21st December 1988, some 70,000 airside passes were circulating across Heathrow, distributed to many nationalities and construction workers busy with major changes to terminals and roadways.

During the police investigation which began within days of the 1988 bombing, the head of Heathrow Security Norman Shanks possessed that information. We may only guess at why the police were unaware of it, and this fact was not mentioned during the trial or the appeal.

The apparent wilful blindness to the Heathrow evidence is astonishing. Bedford's description of the mysteriously-appearing suitcase should have been a huge red flag, but nobody paid any attention to him. The security breaches were brushed aside, most notably Manly's statement. The (pretty simple) analysis of the damaged luggage that would have shown the exploding case to have been the one on the bottom of the pile was never done. Nobody made any attempt to reconcile the case Bedford described to one of the known pieces of interline luggage recorded as heading for that container. Nobody made any attempt to reconcile any of the suitcases recovered on the ground to that suitcase.

And worst of all, forensics examiners were pretty much lining up to declare they were certain, absolutely CERTAIN I tell you, that the exploding suitcase was not the one on the bottom.

Translate

Blog Archive

About Me

Robert Black QC FRSE is now Professor Emeritus of Scots Law in the University of Edinburgh. He has been a member of the Scottish Bar since 1972 and a QC since 1987. He has taken a close interest in the Lockerbie affair since 1993, not least because he was born and brought up in the town, and has published a substantial number of articles on the topic in the United Kingdom and overseas. He is often referred to as the architect of the Lockerbie trial at Camp Zeist in the Netherlands.

VISITS

The hit counter that I have been using has given up the ghost. From now on, I shall periodically disclose here the total number of pageviews from July 2010, as provided by blogspot/blogger. As at 07.00 GMT on 03 December 2016, the pageviews numbered 1,409,370.

unique visitors since 2200 on 13 Nov 09

Comments

Readers are invited to comment on blog posts. All comments require to be pre-moderated by me, and I shall reject all (a) that are not related to the Lockerbie disaster or (b) that fail to meet my -- perhaps idiosyncratic -- standards of courtesy towards other contributors. Comments will not be rejected simply because I disagree with them or because I, or other contributors, find them irritating. But comments will be rejected if they distort or misrepresent the evidence; are defamatory; or if they risk embroiling me, as publisher, in defamation proceedings. I am perfectly relaxed about being sued in respect of material which I personally have posted -- but not in respect of material that others wish to post as comments and which, in any case, I often strongly disagree with.

Particularly during my sojourns in South Africa, it may not be possible for me to perform the moderation function speedily. I regret the necessity of moderation but it has been rendered inevitable by the behaviour of a particular commentator whose contributions will always and without exception be rejected.

No correspondence will be entered into regarding moderation decisions.

Contact me

If you have news or views about the Lockerbie case, you can contact me at rblackqc@outlook.com